HomeMy WebLinkAboutpresentation slides AppellantThe 1992 Referendum increased
setbacks for hillside properties.
Please deny the side setback variance
facing our property and keep it at the
minimum requirement of 45 feet.
Han Lin
September 2, 2015
"I am not convinced all variances are needed.
You are not guaranteed a big house."
Commissioner Smullen, 10/22/2014
"We have to be careful with giving variance on
hillside because it will come back to haunt
us. I am not comfortable with giving all
variances requested."
-Commissioner Grover, 10/22/2014
2
Commissioner Smullen asked,
"If the applicant brings back the same
setbacks, would the Planning Commission
be voting deny without prejudice?"
Acting Director replied YES.
10/22/2014
Applicant's Revised Proposal
Has NO Material Change
1. It has NOT minimized the number & the
scope of variances.
2. It has NOT diminished the size of the
house.
3. It has NOT reduced the mass & bulk.
"All 7 of us said in 2014 meeting that we would
like another look at the variance requests to
be changed on all 3 sides. In fact, a couple of
us were very clear that we were more open to
a front setback variance vs. the 2 side
setback variances."
Commissioner Walia, 5/27/2015
"When I saw that the structure was reduced by
only 50 sq ft, I was a little surprised frankly. I
was under the impression they were going to
reduce the size.
Chair Almalech, 5/27/2014
"I don't think this is the house. I cannot
perceive a material change. Reduction in size
and mass is insignificant."
Commissioner Fitzsimmons, 5/27/2015
6
No Support for
Making Variance Findings
• Detrimental to Safety and Welfare - Evidence
of landslide nearby.
• Granting of Special Privilege - No other
neighbor has ever received a variance, let
alone three.
• No Special Circumstances Applicable for 3
Variances - Applicant does not need 3
variances to build a compatible house.
• "Just because you need 1 or 2 variances
does not mean you need 3."
Commissioner Smullen, 5/27/2015
City's Detailed Procedures Don't Always
Uncover Landslide Locations
• 3 major landslides at Teerlink Ranch within
the last 15 years.
• Lawsuits were involved.
• Citizens voted on 1992 Referendum to
increase setbacks of hillside properties.
The 1992 Referendum increased
setbacks for hillside properties.
Please deny the side setback variance
facing our property and keep it at the
minimum requirement of 45 feet.
Annie Lim
September 2, 2015
Evidence of LANDSLIDE:
Extreme Gully Formation <100 ft From Project Site
Hillside Degradation & Landslides
• 7 neighbors have been affected by 3
major landslides. Lawsuits were involved.
• Calabazas Creek runs across the top of
project site.
• My home is directly down-slope from
proposed house.
• Major water run-off from applicant's
property had damaged our driveway in the
past.
1992 Setback Codes
• The citizens of Saratoga voted to increase
the setbacks. They do not want to see
hillside houses so close together.
• We count on this hillside guidelines to be
consistently and conservatively enforced.
• "The hillside belongs to everyone in
Saratoga. What is constructed on them
affects us all."
Former Mayor & Former Commissioner Jill Hunter, 2004